Thursday, May 23, 2013

Twitter I-1601A Provisional Waiver Summary:


Randall Caudle has been tweeting on the new I-601A Provisional Waivers. For those of you not on Twitter or who missed the live tweets and do not wish to scroll down here is our summary:

There are a few groups of people who have historically been able to petition for their loved ones, but are not able to petition for their relatives in the case of provisional waivers. They are:
  • Legal Permanent Residents/ Green Card Holders (A good reason to naturalize)
  • U.S. citizen children.

In short only U.S. citizen spouses and U.S. citizen parents can petition for spouses or children.

USCIS will not make adjudication guidelines for provisional waiver officers public. Unfortunately that means we will have to learn about USCIS’s grey areas via test cases. At Caudle Immigration, we will not testing these grey areas with our clients because if a case is denied, no appeal will be accepted.

Some grey areas include criminal issues. There are some issues such as DUIs, which are not a problem if you are adjusting your status in the U.S. and are not grounds of inadmissibility, but may be sufficient to deny a provisional waiver application.

Solid reasons for why you or your loved one may not be eligible for Provisional Waiver are:

  • You agreed to voluntary departure (VD).
  • You are subject to one or more grounds of inadmissibility other than unlawful presence.
  • You are in removal proceedings.
  • Your NVC interview based on an I-130 petition was initially scheduled before January 3, 2013, even if scheduled for a later date.
  • You are currently in removal proceedings or have a deportation order.
  • You have a pending I-485 application.
  • You do not provide any reasons of hardship to your parents or spouse if you are not approved. On the bright side unlike DACA, USCIS will accept statements and affidavits as evidence for provisional waiver cases.